Artificial Intelligence (AI) technology is increasing being adopted in most, if not all sectors of the Kenyan economy, bringing about efficiency, innovation, and growth.
The adoption of AI-driven solutions such as Wakili AI in the legal sector, to M-Shule in the education sector, SasaDoctor in the medical and Hello Tractor in the agricultural sectors points to this growing trend.
With the rise of AI, however, personal data privacy and protection concerns have also escalated, calling for robust laws and policies to ensure citizens’ data is handled responsibly and securely.
As AI tools become more sophisticated, so do the risks to personal privacy.
For instance, the predictive and analytical output of AI data processing to predict individual behaviour may lead to profiling and continued surveillance which might infringe on personal privacy and autonomy.
These potential risks highlight the need for clear and enforceable policies to balance AI’s benefits with the right to data privacy.
While Kenya’s Data Protection Act of 2019 marked a significant step towards addressing data privacy concerns, it is not sufficient to cover for certain unintended breaches as those dealt by AI programmatic operations.
The Kenyan data law mandates data controllers and processors to collect, process, and store personal data in a an objectively limited and responsible manner, and with the express consent of the data subject.
But the Act lacks specific provisions tailored to addressing emerging AI-related data privacy concerns, such as automated decision-making, algorithm transparency, and risk assessments.
The government should urgently introduce supplementary regulations under the Data Protection Act and related consumer protection laws that specifically provide for safe adoption and integration requirements of AI technologies.
Such proactive regulations should cover algorithmic transparency, moral and ethical considerations and user-fairness to minimise unintended impacted by AI decisions, especially in sensitive areas such as finance and healthcare or AI-driven suggestions that may harm the Kenyan moral fabric.
Such regulations would strengthen AI accountability, data subject rights in AI contexts and promote safe use scenarios.
Mandatory self AI Impact Assessments – Organisations using AI systems to process personal data should be needed to conduct, document and periodically review the AI Impact Assessments on the prototypes before public deployment to ensure AI remains compliant with data protection principles.
Such assessments should be measured on an agreed framework for objectivity, and should evaluate privacy risks, ethical concerns, and potential biases. The results should be documented and reviewed periodically
Institute National AI Ethics code – The country will need to institute practical ethical considerations for AI development and use. The establishment of a national AI Ethics Council would further be essential to oversee the ethical and responsible creation and use of AI across industries.
This council would work closely with regulatory bodies, advising on policy updates, promoting industry best practices, conducting Public Awareness and Digital Literacy Campaigns to ensure that AI technologies align with Kenya’s social values and privacy principles.
As Kenya continues its journey into AI integration, fostering public trust in these technologies is essential. Effective, AI-specific privacy protections can safeguard citizens’ data rights without stifling AI innovation.
Through adaptive laws, proactive policies, and responsible innovation, Kenya can harness AI’s benefits and position herself as a leader in ethical AI practices in Africa and beyond.